Kieren Fallon, the champion jockey, is the latest of a long line of celebrities who has been cleared of a speeding charge after his lawyer got him off on a technicality.

Mr Fallon's vehicle, a BMW, was clocked doing 40mph in a 30mph zone in Cambridge on 16 May last year, at around 5:30 in the morning.

Mr Fallon, 42, stated that he wasn't driving the car and named Christy Johnson, of the Railway Tavern in Longstanton, as the driver. But, according to the prosecution, he didn't inform the police of the driver's identity within the statutory 28-day limit and, as a result, was issued with a court summons.

The prosecutors claimed that Fallon failed to answer two letters, dated May 23 and June 26, informing him about the speeding charge and that he didn't respond until August 22.

But Mr Fallon's lawyer pointed out a number of minor administrative errors that occurred when the police were handling the case and argued that their evidence was unreliable.

He claimed that there were a series of flaws in the system and these could explain why the jockey's reply wasn't registered onto the computer database. Among the loopholes the lawyer used were an incorrect date on the reminder letter and the use of police national computer records, which are not in accordance with the Road Traffic Act.

He said: "I do not need to say how many times Government bodies with supposedly foolproof systems get it horribly wrong.

"The crown must prove he failed to respond - all they have produced is evidence that someone looked at a screen and there was a blank there."

Mr Fallon didn't have to take the stand as the Magistrates Court as the case was thrown out of court. Presiding magistrate, Kathy Bradney, said: "In this particular case we are not satisfied with the Central Ticket Office records, therefore we find that there is no case to answer."

Mr Fallon is not the only sportsman to escape a speeding fine. This week the cricketer Andrew Flintoff also had his case acquitted.

Mr Flintoff was clocked doing 87mph in a 50mph zone in a friend's car in July last year, but he was acquitted in just 41 seconds after his lawyer argued that the prosecution hadn't followed the procedure correctly.

Flintoff's prosecution notice was served two days' late, even though, in any speeding case, it's fundamental that the notice is sent and received within 14 days.

Jeanette Miller, of Geoffrey Miller Solicitors in Manchester, is one of the UK's leading experts on motoring law. Author of Lawpack's  Fight a Motoring Ticket Kit , she knows all of the legal loopholes you can use to get off a parking ticket or be cleared of a speeding fine.

She says: "If you get a motoring ticket, it's important that you know all about the procedures the police, or the local council, should follow as you can be cleared of the charge if these procedures don't take place. For example, if your get charged with speeding and the police fail to record a check of their speed testing equipment, you can escape your penalty.

"Also, if you receive a parking ticket and you think it's unfair, then appeal. Only 1% of people can be bothered with appealing over their ticket, but if you do, you have 60% chance of success."


Other speeding celebrities cleared by a technicality


Sir Alex Ferguson, the Manchester United manager, was cleared of driving his BMW on the hard shoulder of the M602 in Eccles, Greater Manchester in October 1999. His lawyer argued that it was due to an emergency as Sir Alex had an upset stomach and needed to use the toilet. Later that same month, Sir Alex was cleared of speeding due to there being no proof that he was driving at the time.

Jeremy Clarkson, the Top Gear presenter, was charged for failing to name the driver on a speeding ticket he was sent by Alfa Romeo, from whom he had loaned the vehicle. The car was caught doing 82mph in a 50mph zone in September 2007. The case was dropped due to a technicality as Alfa Romeo only had information on who they had loaned the car to and not on who the driver was.

Colin Montgomerie was cleared of speeding in September 2004 after he was accused of driving at 96mph on the A3, near his Surrey home. The case collapsed as the prosecution failed to prove that the golfer was driving as the officer who stopped him failed to appear in court.

Matthew Vaughn, husband of supermodel Claudia Schiffer, faced a ban from driving after he was clocked driving his car at 95mph on the M11 in Essex in December 2005. The film director’s case was dropped due to an error in police procedure

Dean Gaffney, the actor formerly in EastEnders, was charged with speeding at 131mph on the M40 in June 2006. He was cleared after a police officer in the case failed to turn up at court and Gaffney's lawyer argued that the case shouldn't be adjourned.

Read our 10 tips to fighting a parking ticket here .

Find out how you can get off a speeding fine and fight a parking ticket now.

 


Published on: May 28, 2008